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2025 Supreme(Cal) 93

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Binaguri Tea Company Private Limited – Appellant
Versus
Nabadignata Industrial Township Authority – Respondent


Advocates Appeared:
For the Appellant : Mr. Probal Kumar Mukherjee, Sr. Adv., Mr. S. Banerjee, Mr. Pradip Sarwagi, Ms. Debolina Dey
For the Respondent: Dr. Madhusudan Saha Roy, Mr. Jaydip Kar. Sr. Adv., Mr. Siddhartha Banerjee, Mr. Subir Banerjee, Mr. Abhisek Baran Das, Mr. Soumajit Majumder

JUDGMENT :

DEBANGSU BASAK, J.

1. Appeal is at the behest of the writ petitioner and directed against an order dated October 1, 2024 passed in W.P.A. 16619 of 2024.

2. By the impugned order, learned Single Judge dismissed the writ petition of the appellant.

3. Learned senior advocate appearing for the appellant submits that the appellant entered into an agreement to purchase a flat in 9th floor of a building from the private respondent. He submits that till date, appellant did not receive any valid notice to receive possession. He submits that under the terms and conditions of the agreement, liability to pay occupancy charges in respect of the flat concerned commences after the appellant received valid notice for possession. Since the appellant did not receive any valid notice for possession, question of commencement of the liability to pay the occupancy charges by the appellant does not arise.

4. Learned senior advocate appearing for the appellant draws the attention of the Court to the writ petition. He submits that, the building concerned falls within the jurisdiction of Nagadiganta Industrial Township Authority (hereinafter referred to as the concerned municipality for the sake of co

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